Express and implied statutory terms of Contracts of Employment: written statement in Contracts of Employment -binding in oral Contracts of Employment

There exists a contract between each employee and employer which is not necessarily, but is preferred to be, in writing, not necessarily as a single, and often more than one, document readily accessible, containing in a written statement which must be issued to the employee by the employer within a period of not longer than two months from the date of the commencement of the employment, if the employee works more than eight hours per week and has continuosly been employed for at least one month, which must contain the major terms of the contract of employment ~of which some are express terms and found also in itemised pay or salary slips and notices and in such other documents as work-rules and relating to any collective agreements affecting and not by the individual employee contracted with objected to -as well as in verbal exchanges such as oral instructions (if only can be proven, in practice), and some are legally bindingly implied terms in common-law and/or by custom and practice and increasingly by statute.

Section 1 of the Employment Rights Act 1996, as amended, treats the written two-month statement as being the most crucial and important source of the express terms of the contract of employment which the Act requires that must include the following:

i. The names of both the employer and the employee;

ii. the date of commencement of the employment;

iii. the remuneration -including the method of payment and at what intervals paid ~and in the case employment outside the UK longer than one month extra pay;

iv. the holiday and sick-leave entitlements;

v. pensions and pension schemes;

vi. notice requirements -or reference to statutory entitlements if not better;

vii. the area of employment -indicating if place of work is more than one;

viii. the job-title and description -which may be brief;

ix. details of the disciplinary and grievance procedures -ACAS's are regarded the minimum.

As to implied terms, there exist in common-law and by statute a number of duties of which some are on the part of the employee, and those binding on, or also on, the employer are...

i. Mutual respect.. in Warner -v- Barbers Stores 1978 refusal to give leave of absence to attend to a domestic crisis was breach of contract, as was to swear at the employee in Palmanor -v- Cedron 1977 but if in that particular trade in common use Futty -v- Brekkers 1975 might excuse it, and to have been heard by another speaking derogatorily of the employee also was a breach in Isle of Wight Tourist Board -v- Coombes 1978...

ii. Remunerating and paying wages so long as the employee is available for work, even if no work is provided -unless collectively or as guarantee payments in cases of short-time work or lay-offs…

iii. Provision of Work.. for.. in Devon -v- Roser & Son 1906 one might be on piece-work or Turner -v- Goldsmith  1891 commission-wise might suffer, at any rate Provincial Financial Group -v- Hayward 1989 is entitled to practise and retain his skill -Clayton -v- Oliver 1930 it may affect his reputation…

iv. Indemnifying.. any expenses employee reasonably incurred the course his job…

v. References.. if chooses to give about the employee to another, with care must do so, Spring -v- Guardian Assurance plc 1994 else he may be liable to the (former) employee for negligence or recklessness for any loss so caused…

vi. Confidentiality.. of the details furnished by the employee must not without his permission without a right in law to do so be broken, for they were not in Dagleish -v- Lothian Border Police Board 1991 in the public domain and and an injunction prevented disclosure for identifying non-payers of poll-tax…

vii. Care in safety.. must be not less than reasonable in providing and maintaining a safe place of work as well as tools and equipment and competent colleagues -Walker -v- Northumberland County Council 1944: else may be liable to the employee for any physical injury or psychiatric harm.

viii. By statute implied terms include those below:

a. Paid maternity leave and job protection;

b. time off for union activities or to seek work if under redundancy notice;

c. a safe system of work;

d. guarantee and statutory sick pay;

e. equal opportunities regardless of race, gender, marital status;

f. not to dismiss wrongfully, nor unfairly -including constructively.

The above are an outline and may prove useful as a guideline.

May be of interest -click  TEACHER OF TEACHERS